Octave, S. v. Walker, Nos. (Granted) (petitions for allowance of appeal)
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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT SUSAN OCTAVE ON BEHALF OF JAMES : Nos. 115 & 116 WAL 2012 OCTAVE, AN INCAPACITATED PERSON, : AND SUSAN OCTAVE, : Petition for Allowance of Appeal from the : Order of the Commonwealth Court Petitioners : : : v. : : : DAVID WADE WALKER AND : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : : Respondents : ORDER PER CURIAM AND NOW, this 27th day of December, 2012, the Petition for Allowance of Appeal is GRANTED. The issue is: Given the [petitioners] do not explicitly waive the protections of 50 P.S. § 7111, given the [petitioners ] Amended Complaint does not allege injuries to mental health, given the [respondents] raise the question of mental health and seek the [petitioner s] pre-collision mental health records, and given the [respondents ] claim of mental health relies exclusively on the conclusions of a third party, did the [petitioners] put mental health at issue and impliedly waive the protections of 50 P.S. § 7111 though the act of filing the within lawsuit?
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